Over the years, the law with respect to community associations has changed and morphed in many ways.  If your community’s documents are more than five years old, it may be time to examine your documents and determine if they are doing your association more harm than good.  Analyze the RiskConsid Read More...

What is a nuisance? How is it defined in your Association's governing documents? Is your covenant enforcement policy up-to-date and void of vague language?  Get all the details and find out why this is so important in our most recent blog post. Read More...

Does it ever feel like the answer to all your legal questions is to amend your governing documents?  Sometimes an amendment truly is the only solution to a problem, but other times there may be other avenues to explore. Nevertheless, the law provides associations with certain protections and rights Read More...

Sooner or later most every homeowners association is faced with the question of whether or not to amend its legal documents.  Here are some common questions and answers: 1.     Are associations legally required to amend their documents?  No, but: Directors can be misled as to their duties and Read More...

Governing documents are often overlooked until a particular issue arises that brings shortcomings, inconsistencies, or problems to light.  When this occurs, it may be too late to amend the governing documents to properly address the issue at hand.  For this reason, associations should periodically Read More...

Colorado statutes allow Colorado District Courts a special, restricted ability to amend Declarations by court order. The statute is 38-33.3-217(7), as part of CCIOA, and applies to all common interest communities, as defined in CCIOA. The statute allows an association to apply to a District Court to Read More...

Question:  How can community association boards alter the uses of common areas? Answer:  Very carefully, and with scrupulous attention to the requirements of the community’s governing documents and the wishes of its residents.   A recent California appeals court decision illustrates what can h Read More...

Board Members Guide attorney regarding “wish list” and culture of the Association. Build grass root support within community by owner involvement, education and buy-in. Thoroughly review and understand proposed amendments. Read More...

Although document amendments lead to desirable results, boards frequently refuse to utilize this tool based on commonly held preconceived notions and popular myths about the process.  This article addresses the top 10 myths and misunderstandings pertaining to document amendments. Myth #1:  If a d Read More...